비은행지주회사에 대한 한국 금융지주회사법과 EU지침의 비교법적 연구

Recently, there has been a severe financial crisis from the United States in the world. Because of that, so many countries including Korea have had difficulty. In particular, the United States and the European Union (hereinafter EU) including Korea took many measures in order to overcome or control the current financial crisis. Among such many plans to get rid of the financial crisis, the article tries to focus on that of the EU directives as follows: First, the Korean Financial Holding Company Act (hereinafter KFHCA) allowed non-bank holding companies, such as insurance holding companies and financial investment holding companies, to control non-financial companies as their subsidiaries in this amendment. However, the specific requirements for non-bank holding companies to control non-financial companies as their subsidiaries are different from between KFHCA and the EU directives. The EU's non-bank holding companies can control any non-financial companies only if non-bank holding companies own just one insurance or investment company under one roof. On the other hand, the requirements for non-bank holding companies to control non-financial companies as their subsidiaries under the KFHCA differ from between insurance holding companies and financial investment holding companies. Secondly, there is an internal control mechanism or system as a self-regulatory device in both the KFHCA and the EU directives. However, there is a compliance officer under the KFHCA but the EU directives. Thirdly, the KFHCA and the EU directives allows the directors and (or) officers to coincidently hold jobs under the entire non-bank holding companies. Finally, for the Korean legal system, the author concludes and suggests the regulation interlocked with the regulation of the EU and the United States over their non-bank holding companies. So, there needs to examine the regulation of the non-bank holding companies under the United States legal system in the near future.